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Business Environment and Law-Minimum Wages Act, 1948

Enforcement Of The Act: - Minimum Wages Act, 1948

   Posted On :  15.05.2018 04:10 am

The appropriate government may, by notification in the official Gazette, appoint inspectors for the purposes of this Act, and define the local limits within which they shall exercise their functions.

Enforcement Of The Act:
 
 

Inspectors (Sec.19).

 
 
The appropriate government may, by notification in the official Gazette, appoint inspectors for the purposes of this Act, and define the local limits within which they shall exercise their functions [Sec. 19(1)].
 
The powers and functions of the inspectors so appointed are almost similar to those of the inspectors appointed under the Payment of Wages Act, 1936. The inspectors have to see that the provisions of the Minimum Wages Act are complied with.

 

Claims (Sec.20).

 
 
The appropriate government may, by notification in the official Gazette, appoint an authority to hear and decide for any specified area. All claims are
 
1. Arising out of payment of less than the minimum rates of wages; or

2. In respect of the payment of remuneration for the day of rest under [Sec.13 (1)(b)] or for work done on days of rest under [Sec.13 (1)(c)];

3. In
  respect  of  wages  at  the  overtime  rate  under  (Sec.  14) to  employees  employed  or  paid  in  that  area  [Sec.20  (1)].
 

Offences And Penalties:

 
 
Penalties for offences (Secs.22 and 22-A). Any employer who—
 
1. Pays to any employee less than the minimum rates of wages fixed for that employee’s class of work, or less than the amount due to his under the provision of this Act; or

2. Contravenes any rule or order made under Sec.13,
 

Shall be punishable with imprisonment for a term, which may extend to six months, or with fine, which may extend to Rs.500, or with both [Sec.22].
 
In imposing any fine for offence under Sec.22, the court shall take into consideration on the amount of any compensation already awarded against the accused in any proceedings taken under Sec.20 (Proviso to Sec.22).
 
Further, any employer who contravenes any provision of this Act or of any rule or order made there under shall, if no other penalty is provided for such contravention by the Act, be punishable with fine which may extend to Rs. 500 [Sec.22-A].

 Contracting Out [Sec.25]:

 
According to the Section 25 of the Act, any agreement or contract between the employer and the employee by which the employee gives upon his right to minimum wages or any privilege or concession accruing to him under the Act is null and void, in so far it purports to reduce the minimum rate of wages fixed under the Act. It is immaterial whether the contract or agreement was entered into either before or after the commencement of the Act.

 

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